SINHGAD LAW COLLEGE

PUNE

A
PRESENTATION
ON

NEGOTIATION
Presented by:
KHUSBOO KHARBANDA
BA.LLB(IV)Year
Roll N0- 39
Subject- Alternative Dispute
Resolution
 INTRODUCTION
 Negotiation is a dialogue intended to resolve disputes, to produce an agreement
upon courses of action, to bargain for individual or collective advantage, or to
craft outcomes to satisfy various interests. It is the primary method of alternative
dispute resolution.
 It is defined as any form of direct or indirect communication whereby parties who
have opposing interests discuss the form of any joint action which they might take
to manage and ultimately resolve the dispute between them.
 Negotiations may be used to resolve an already-existing problem or to lay the
groundwork for a future relationship between two or more parties.
 DEFINITIONS

  A famous legal maxim ‘Consilia omnia verbis prius experiri, quam armis
sapientem decet’ rightfully suggests that an intelligent man would prefer
negotiation before using arms. The word ‘negotiation’ can be interpreted in a
number of ways and thus the word has a number of definitions.
 Negotiation is a dialogue between two or more people or parties intended to reach
a beneficial outcome over one or more issues where a conflict exists with respect
to at least one of these issues. Negotiation is an interaction and process between
entities who aspire to agree on matters of mutual interest, while optimizing their
individual utilities- Muhamad Hariz Muhamad.
FEATURES OF NEGOTIATION

Voluntarily Bilateral/Multilateral Informal

Confidential Flexible
NEED
Certainty

Best deal

Saves cost for litigation

Achievement of
objectives
 MERITS

greater possibility of a successful outcome

Flexible process

Problem solving

Less Expensive

Reflects parties interest

Voluntary process
 DEMERITS

Unequal agreement

Strained relations

Parties May Have Unequal Power

Impasse

Not All Issues Are Negotiable

 NEGOTIATION PROCESS

Preparing and planning

Defining ground rules

Clarification and justification

Bargaining and problem solving

Closure and implementation

SKILLS OF A NEGOTIATOR

Out of box
Attitude Knowledge
thinking

Interpersonal
Drafting
skills
 EXAMPLE- F.R.I.E.N.D.S

 At first glance actors Lisa Kudrow, Jennifer Aniston and the rest of the star-studded
cast might not be your first pick to peg as formidable negotiators, but at the height of
program’s popularity they banded together to pull off an unprecedented 
salary negotiation. 
 Cast member David Schwimmer originally took a hard look at his odds of success
going into negotiations alone. Then he decided not to. The actors were uniquely
close and accustomed to working together under high pressure. Each one had
different leadership styles that would be useful in a negotiation. If they negotiated
individually, studio executives could pit them against each other.
 Instead, Schwimmer correctly assessed that a strong team comprised of the entire
cast would be better for everyone in the long term. And in fact, they walked away
with $1 million each per episode for the final two seasons, which aired from 2002-
2004.